When Do Divorce Cases Go to Trial?

When Do Divorce Cases Go to Trial?

Going to court for anything can be quite daunting. With an experienced and reputable divorce attorney on your side, you may be able to decrease the chances that your divorce will end up going to trial. If it does go to trial by chance, you will have an advocate on your side to help you navigate the process.

Divorce is rarely pleasant or quick. Although, it’s often a much-needed means to an end. Every divorce is different with its own unique nuances, just like a marriage. If you are thinking about filing for divorce or have already done so, you might be wondering if your case will end up going to trial. This is a valid concern that becomes a reality for some couples. While most soon-to-be ex-spouses can settle their differences without the direction or involvement of a family court judge, some simply can’t for various reasons. Suppose you think your divorce might end in a courtroom. In that case, it’s best to have the knowledge and expertise of trustworthy Aurora divorce lawyers on your side.

Reasons Divorces Go to Trial

Although it involves relationships, families, emotions, and many other details, divorce is a legal matter. Just like other legal matters, it is about two parties settling their disputes. They have the option to negotiate a settlement in many different ways, including the use of a mediator and Aurora divorce attorneys before turning to the courts to resolve their issues for them. If both spouses can’t reach agreements on the crucial issues that must be addressed in a divorce or one spouse refuses to even negotiate with the other, the court will make a determination. Divorces are more likely to go to trial when disputes arise over:

  1. Alimony or spousal maintenance
  2. Child support
  3. Child custody, visitation, and parenting plans
  4. Asset and debt division

Divorces that involve high or complex assets, domestic abuse, addiction of one spouse, or other illegal activity are usually more likely to end up going before a family judge as well. 

Challenges of Going to Trial

Divorces that don’t go to trial are called uncontested divorces as opposed to contested divorces that do. Contested divorces have many challenges. They often require many procedural hearings before a judge prior to a final hearing where the judge makes their ruling on the final divorce decree. As such, they usually take longer than uncontested divorces. Additionally, your Aurora divorce lawyers will need to spend more time working on your case, which can add to the total divorce expense. The good news is that even if you go into a contested divorce, your lawyer might be able to assist you in changing it to an uncontested one.

Contested or Uncontested; Aurora Divorce Lawyers Can Help

Whenever possible, pursuing an uncontested divorce is usually in the best interest of both spouses and their children. However, we know that this isn’t always possible and can depend on many factors outside of your control.  At the CNL Law Firm, PLLC, we can help whether your divorce is contested or uncontested. We can take many steps to help negotiate your divorce so that you don’t have to go to trial unless it’s absolutely necessary. Call (720) 370-2171 today or complete our online form to receive your case evaluation with a seasoned Aurora divorce attorney and learn more about our services.

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